Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2005-02658
Original file (BC-2005-02658.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02658
            INDEX CODE:  136.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  27 FEB 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

It appears the applicant is requesting an  active  duty  retirement
rather than a Reserve retirement.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He is being denied proper retirement  pay  and  benefits.   He  was
called to active duty on 2 Jan 91 with over  30  years  of  service
which earns him a full retirement.  He served on active duty in the
Persian Gulf.  In Jun 93, he was involuntarily retired from the Air
Force Reserve, although his intentions were to continue to the  end
of his enlistment.

He emphasizes the fact that the Air  Force  called  him  to  active
duty, sent him to the Persian Gulf, and involuntarily retired  him;
therefore, all of his service time is now active duty  service  for
retirement because he was called to active duty by the President of
the United States.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Based on available records, applicant enlisted in the Air  National
Guard on 22 Nov 57 and had continuous  satisfactory  service  until
21 Nov 66.  Applicant was in civilian status  from  22  Nov  66  to
10 Nov 67.

Applicant reenlisted in the Air National Guard in 11 Aug 67 and had
continuous satisfactory service until his transfer to  the  Retired
Reserve effective 30 Jun 93, with eligibility for  retired  pay  at
age 60 (25 May 1996).

At the time of his  transfer  to  Retired  Reserve  status  he  had
completed 4212 total points, which included points  for  Additional
Flying Training Periods (AFTPs).  However, only  3433  points  were
creditable towards retired pay.  Title 10, USC, 12733,  establishes
a limit on the number of Reserve points that may  be  credited  per
Retention/Retirement (R/R) year at 60 points.

He completed 34 years,  7  months,  and  19  days  of  satisfactory
federal service towards retirement, with 3  years,  10 months,  and
7 days of that time as active duty service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP considered this  application  and  recommended  denial.
They  provided  the  following  analysis   of   the   circumstances
surrounding the applicant’s case:

     a.  In order to establish eligibility for Reserve retired  pay
under the provisions of Title 10, USC, Section 12731, a member must
complete at least 20 years of satisfactory service, with  the  last
six or eight years of qualifying service in a Reserve component.  A
review of the applicant’s records indicates he completed 34  years,
7 months, and 19 days  of  satisfactory  federal  service  and  was
eligible for Reserve retired pay on his 60th birthday, 25 May 1996.
 He is currently drawing Reserve retired pay.

     b.  Applicant says he was called to active  duty  in  Jan  91,
with over 30 years of service which  earns  him  full  active  duty
retirement.  However, being called to active duty does not  make  a
person eligible for active duty retired  pay;  the  member  has  to
complete the requirements  of  the  law.   In  order  to  establish
eligibility for retired pay under the provision of Title  10,  USC,
Section 8914, a member must  complete  20  years  of  total  active
federal military service (TAFMS).   A  review  of  the  applicant’s
military personnel records indicates he  completed  only  3  years,
10 months, and 7 days of TAFMS.  Since he did not complete at least
20 years TAFMS, he is  not  eligible  for  retired  pay  under  the
provision of Title 10, USC, Section 8914.

Applicant is currently receiving Reserve retired pay and  this  pay
has been calculated using the correct formula and service.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

By letter, dated 18 Oct 05, applicant provided a sequence of events
subsequent to him being called to active duty in Jan 91  with  over
30 years  of  service  and  gave  a  review  of  the  circumstances
surrounding his denial of retired pay and benefits.

In  support   of   his   appeal,   applicant   provided   documents
substantiating his previous inquiries to HQ ARPC in regards to  his
retirement benefits.

Applicant’s complete response is at Exhibit E.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was not timely filed; however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice  warranting  some  relief.   We
considered the  applicant’s  stated  request  for  an  active  duty
retirement; however, after careful review of the available records,
it appears that he has been credited with all active  and  inactive
service creditable under the governing instructions and laws at the
time of his retirement.  Title 10, USC,  Section  8914  requires  a
minimum of 20 years of total active federal military service to  be
eligible for an active  duty  retirement.   Applicant’s  record  of
service indicates that he completed 3 years, 7 months, and 10  days
of active duty service.  Therefore, he is not eligible to an active
duty retirement.  Additionally, this Board  is  not  aware  of  any
provision that states a member is to receive  the  best  retirement
possible.  Nevertheless, we note the applicant  completed  over  34
years of satisfactory federal service and  is  currently  receiving
Reserve retired pay and benefits.  However, it appears he  did  not
apply for his Reserve retired pay until 2004, eight years after  he
became  eligible  (effective  on  his  60th  birthday,  25 May 96).
Consequently, as a result of the statute of  limitations,  he  lost
two years of retired pay and benefits.  Applicant contends that  he
did not receive any letter stating  that  he  must  apply  for  his
retirement pay and  benefits.   Therefore,  we  believe  any  doubt
should be resolved in the applicant’s favor and  that  his  records
should be corrected to reflect he applied for retired pay  when  he
was initially eligible.  Accordingly, we recommend that the records
be corrected to the extent indicated below.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that on 15 April  1996,
he applied for Reserve retired pay effective 25 May 1996,  and  his
request was approved by competent authority.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-02658 in Executive Session on 2 November  2005,  under  the
provisions of AFI 36-2603:

      Mr. John B. Hennessey, Panel Chair
      Mr. Joseph D. Yount, Member
      Ms. Jean A. Reynolds, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 18 Aug 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPP, dated 15 Sep 05, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 23 Sep 05.
     Exhibit E.  Letter, Applicant, dated 18 Oct 05, w/atchs.




                                   JOHN B. HENNESSEY
                                   Panel Chair



AFBCMR BC-2005-02658




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXX, XXXXXXX, be corrected to show that on 15
April 1996, he applied for Reserve retired pay effective 25 May 1996,
and his request was approved by competent authority.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency



Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-01089

    Original file (BC-2004-01089.doc) Auto-classification: Approved

    His active duty (AD) service from 18 Jan 01 until 31 May 02, be credited as the highest grade held of lieutenant colonel. On 31 May 02, after 21 years and 18 days of active service, the applicant was released in the grade of major from AD and converted to a traditional Reserve status (IMA) on 1 Jun 02. Reserve Order BA-475, dated 4 Jun 02, ordered the applicant’s promotion to the Reserve grade of lieutenant colonel with a date of rank (DOR) of 18 Jan 01 and an effective date of 1 Jun 02,...

  • AF | BCMR | CY2005 | BC-2005-02866

    Original file (BC-2005-02866.doc) Auto-classification: Denied

    However, only five years of this time was satisfactory service creditable toward retired pay eligibility. The applicant’s record contains no documentation of active Reserve participation other than the two periods she served on active duty, 31 Oct 66 through 30 Oct 68, and 4 Dec 91 through 23 Nov 94. Other than the two periods applicant served on active duty, 31 Oct 66 to 30 Oct 68, and 4 Dec 91 to 23 Nov 94, there is no evidence of any active Reserve participation.

  • AF | BCMR | CY2007 | BC-2007-00675

    Original file (BC-2007-00675.doc) Auto-classification: Denied

    Section 1176, Enlisted Members: Retention After Completion of 18 or More, but Less than 20 Years of Service, 10 USC, stated, in part, that a regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement, shall be retained on active duty until the member is qualified for retirement, unless the member is sooner...

  • AF | BCMR | CY2005 | BC-2005-02653

    Original file (BC-2005-02653.doc) Auto-classification: Denied

    He was enlisted in the Air Force Reserve on 13 Aug 80 and had honorable satisfactory service until his retirement effective 1 Feb 05. Applicant requests that his effective date of retirement be changed from 1 Feb 05 to 6 Feb 05, and that he be credited and paid for duty performed after his effective date of retirement. After careful review of the evidence submitted in support of the applicant’s appeal, we found no evidence that he requested a change to his retirement date prior to the 1...

  • AF | BCMR | CY2006 | BC-2004-03564

    Original file (BC-2004-03564.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03564 INDEX CODE: xxxxxxxxxxxxxx COUNSEL: NONE xxxxxxxxxxxxxxx HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 22 MAY 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show restoration of lost points, lost pay, compensation for lost promotion opportunities, consideration for retirement eligibility,...

  • AF | BCMR | CY2005 | BC-2005-01574

    Original file (BC-2005-01574.DOC) Auto-classification: Approved

    His records were then corrected to reflect he was appointed in the AFRES on 9 November 1996 with an assignment in the Non-Obligated, Non-Participating Ready Reserve Personnel Section (NNRPS). The DPP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response to DPP’s statement that he had not actively applied for AFRES positions following his discharge from extended active, he submits copies of e-mail...

  • AF | BCMR | CY2005 | BC-2004-03690

    Original file (BC-2004-03690.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03690 INDEX CODE: 129.04 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 7 JUNE 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His retired pay be recalculated to reflect his Air National Guard service he performed after retirement. _________________________________________________________________ APPLICANT...

  • AF | BCMR | CY2012 | BC-2012-04528

    Original file (BC-2012-04528.txt) Auto-classification: Approved

    On 16 Jan 99, he was activated and served on active duty in the Regular Air Force with a Reserve commission. In order to establish eligibility for Reserve Retirement under the provision of Title 10 U.S.C, Section 12731, a member must complete 20 years of satisfactory service. The applicant first entered active Reserve status on 31 Oct 91, so that date established his R/R year.

  • AF | BCMR | CY2001 | 9903131

    Original file (9903131.doc) Auto-classification: Denied

    The processing of a military member through the military disability evaluation system is determined by a Medical Evaluation Board (MEB) when the member is determined to be medically disqualified for continued military service. The Director of Personnel Program Management, ARPC/DPP, reviewed the case and states that to be eligible for Reserve retired pay under Title 10 USC, Section 12731 the applicant needs to complete at least 15 years, but less than 20 years of satisfactory service, with...

  • AF | BCMR | CY2005 | BC-2000-02768A

    Original file (BC-2000-02768A.doc) Auto-classification: Approved

    _________________________________________________________________ STATEMENT OF FACTS: On 24 October 2002, the Air Force Board for Correction of Military Records (AFBCMR) considered applicant’s request that the Article 15 imposed on 16 February 1994, and the Officer Performance Report (OPR) closing 30 April 1998, be removed from his records and he be sent to a Replacement Training Unit (RTU) to be re-qualified and reinstated in an active status as an Air National Guard (ANG) fighter pilot in...